Judge hears new SB 1070 challenge

Civil-rights coalition argues for fresh injunction vs. part of immigration law

A federal judge on Tuesday weighed arguments in court about whether a new injunction should be issued against Section 2B, or what some critics refer to as the "show me your papers" clause, in Arizona's immigration-enforcement law.

That provision of Senate Bill 1070 requires law-enforcement officers to make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion that person is in the country illegally.

U.S. District Judge Susan Bolton heard arguments revolving around two key questions:

Will law-enforcement officials violate people's constitutional rights by prolonging detention of criminal suspects as they determine their immigration status? And, was SB 1070 passed with intent to discriminate against Latinos?

Bolton told attorneys for a coalition of civil-rights groups that a recent U.S. Supreme Court decision on the first question may leave her little legal basis to stop that part of SB 1070.

The high court opined in June that the law had to go into effect before there could be proof that it would be enforced unconstitutionally, and it lifted an injunction against Section 2B.

"It doesn't seem to leave me a lot of room," Bolton said referring to the ruling.

She also cited two rulings that came out of a 11th Circuit U.S. Court of Appeals on Monday, letting similar statutes stand in Georgia and Alabama.

The advocacy groups, which include the American Civil Liberties Union, the National Immigration Law Center, and the Mexican American Legal Defense and Educational Fund, argued that public statements by Arizona law-enforcement officials prove that the law will prolong detentions.

On the second question, to bolster their claim that SB 1070 was passed with intent to discriminate, the groups pointed to hundreds of e-mails in which legislators, including former state Sen. Russell Pearce, who led efforts to pass the bill, lumped illegal immigrants together with Latinos in general.

Bolton acknowledged, over the protests of lawyers for the state of Arizona, that the law would disproportionately affect Mexicans and Central Americans, hinting that the law could be deemed discriminatory.

"So what?" Bouma added, raising his voice. "Those are the people who cross (the border) more."

Bolton could enjoin Section 2B on either ground. She gave no indication of how soon she would rule.

Gov. Jan Brewer signed SB 1070 into law in spring 2010. It was immediately challenged in lawsuits filed by the U.S. Department of Justice and numerous civil-rights and advocacy groups, including the groups involved in the current motion for injunction.

Before the law took effect, Bolton enjoined Section 2B and three others: one that required immigrants to carry "alien-registration papers"; one that allows for warrantless arrest if an officer thinks there is probable cause to believe the individual committed a public offense that makes him or her removable from the U.S.; and one that makes it a crime for illegal immigrants to solicit, apply for or perform work.

The injunction was upheld in the 9th U.S. Circuit Court of Appeals, and in June the U.S. Supreme Court upheld the injunction except for Section 2B.

Courts are usually hesitant to make rulings based on fears of how a law might be enforced. The Supreme Court's majority opinion invited further scrutiny after the law went into effect.

The coalition also asked for a new injunction against a clause in SB 1070 that forbids harboring undocumented immigrants.

As she has done previously, Bolton prodded the attorneys on both sides at the hearing.

She chided the coalition's attorney, Karen Tumlin of the National Immigration Law Center, for basing her arguments partially on statements that had been made in the media by law-enforcement officials.

"Is it too complex to judge on hearsay?" Bolton asked.

She prefaced Bouma's presentation with a question of her own.

"I assume you did a little reading," she started, referring to the 11th Circuit ruling knocking down a similar law against harboring illegal immigrants.

Bouma replied, "I was getting a kick about what it said about (not enjoining) 2B."

He reminded Bolton that the 11th Circuit has no authority over Arizona courts, which are in the 9th Circuit.

"This statute is enforceable," Bouma said. "This law is about illegal immigration, and there's good reason to be concerned about illegal immigration. And there's nothing wrong with the legislature trying to do something about illegal immigration."